82_FR_42614 82 FR 42441 - Airworthiness Directives; Agusta S.p.A. Helicopters

82 FR 42441 - Airworthiness Directives; Agusta S.p.A. Helicopters

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 173 (September 8, 2017)

Page Range42441-42443
FR Document2017-18972

We are superseding Airworthiness Directive (AD) 2015-22-51 for Agusta S.p.A. (Agusta) Model A109A and A109A II helicopters. AD 2015- 22-51 required pre-flight checking and inspecting each main rotor blade (blade) for a crack and replacing any cracked blade. This new AD removes the check and requires inspecting each blade more frequently. This AD is prompted by a crack that was not detected during any of the pre-flight checks. The actions of this AD are intended to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 173 (Friday, September 8, 2017)
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Rules and Regulations]
[Pages 42441-42443]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18972]



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                                                Federal Register
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Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / 
Rules and Regulations

[[Page 42441]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0308; Product Identifier 2016-SW-083-AD; Amendment 
39-19022; AD 2017-18-13]
RIN 2120-AA64


Airworthiness Directives; Agusta S.p.A. Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2015-22-51 for 
Agusta S.p.A. (Agusta) Model A109A and A109A II helicopters. AD 2015-
22-51 required pre-flight checking and inspecting each main rotor blade 
(blade) for a crack and replacing any cracked blade. This new AD 
removes the check and requires inspecting each blade more frequently. 
This AD is prompted by a crack that was not detected during any of the 
pre-flight checks. The actions of this AD are intended to address the 
unsafe condition on these products.

DATES: This AD becomes effective September 25, 2017.
    We must receive comments on this AD by November 7, 2017.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0308; or in person at the Docket Operations Office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the European Aviation Safety Agency (EASA) AD, the 
economic evaluation, any comments received, and other information. The 
street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.
    For service information identified in this final rule, contact 
Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, 
Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone 
+39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 
76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, Senior Aviation Safety 
Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments prior to it becoming effective. However, we 
invite you to participate in this rulemaking by submitting written 
comments, data, or views. We also invite comments relating to the 
economic, environmental, energy, or federalism impacts that resulted 
from adopting this AD. The most helpful comments reference a specific 
portion of the AD, explain the reason for any recommended change, and 
include supporting data. To ensure the docket does not contain 
duplicate comments, commenters should send only one copy of written 
comments, or if comments are filed electronically, commenters should 
submit them only one time. We will file in the docket all comments that 
we receive, as well as a report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking during the 
comment period. We will consider all the comments we receive and may 
conduct additional rulemaking based on those comments.

Discussion

    We issued Emergency AD 2015-22-51, which was published in the 
Federal Register as a Final rule; request for comments on February 1, 
2016, at 81 FR 5037. AD 2015-22-51 applied to Agusta Model A109A and 
A109AII helicopters with a blade part number (P/N) 109-0103-01-7, P/N 
109-0103-01-9, or P/N 109-0103-01-115 that had 500 or more hours time-
in-service (TIS). AD 2015-22-51 required, before further flight and 
every 24 clock-hours, inspecting the top and bottom surface of each 
blade for a crack. AD 2015-22-51 also required, before each flight, 
checking the top and bottom surface of each blade for a crack. AD 2015-
22-51 allowed this check to be performed by a pilot and required 
further inspection of the blade if there was a crack.
    AD 2015-22-51 was prompted by AD No. 2015-0190-E, dated September 
18, 2015, issued by EASA, which is the Technical Agent for the Member 
States of the European Union, to correct an unsafe condition for Agusta 
Model A109A and A109A II helicopters. EASA advised that abnormal 
vibrations were reported during a flight on a Model A109A II 
helicopter. During a post-flight inspection, a crack was found on a P/N 
109-0103-01-9 blade. EASA AD No. 2015-0190-E required pre-flight 
inspections and repetitive inspections of each blade. EASA advised that 
due to similarity of design, the inspections also applied to P/N 109-
0103-01-7 and P/N 109-0103-01-115 blades. EASA further advised that a 
cracked blade, if not detected and corrected, could affect the 
structural integrity of the blade, possibly resulting in blade failure 
and loss of control of the helicopter. EASA revised its AD and issued 
AD No. 2015-0190R1, dated October 23, 2015, to extend the interval of 
the repetitive inspections to 10 flight hours.

[[Page 42442]]

Actions Since AD 2015-22-51 Was Issued

    Since we issued AD 2015-22-51, Leonardo Helicopters (previously 
Agusta) issued Alert Bollettino Tecnico (BT) No. 109-150, Revision B, 
dated October 21, 2016, and EASA superseded AD 2015-0190R1 by issuing 
AD No. 2016-0213, dated October 26, 2016. EASA AD No. 2016-0213 was 
prompted by a crack in a blade P/N 109-0103-01-9 on a Model A109A II 
helicopter that was not detected during any of the pre-flight 
inspections. Upon a subsequent review of data, it was determined that 
the pre-flight inspections were ineffective to address the unsafe 
condition and that a shorter interval of the repetitive inspection is 
necessary. For these reasons, EASA AD 2016-0213 requires inspecting the 
blades for a crack at intervals not exceeding five flight hours.
    Additionally, the FAA is in the process of updating Agusta's name 
change to Leonardo Helicopters on its FAA type certificate. Because 
this name change is not yet effective, this AD specifies Agusta.

Comments on AD 2015-22-51

    After our Final rule; request for comments was published, we 
received comments from one commenter.

Request

    The commenter stated the AD's cost estimate for a new blade is 
erroneous, and while the AD identifies the cost of a single inspection, 
it does not account for the cumulative cost of the daily inspection 
over time.
    We agree. We have revised the cost of the blade in this final rule. 
As far as a cumulative cost of the repetitive inspections, this new AD 
changes the compliance interval to every 5 hours TIS. Since the 
cumulative cost would be different for every operator, we have made no 
change to the estimated costs in this regard.
    The commenter also requested the FAA require Agusta to design and 
provide a new blade to operators at no charge. The commenter stated the 
actual cost of the AD is financially devastating to operators and 
renders the helicopter worthless.
    We do not have the authority to direct manufacturers to provide 
parts or repairs to operators at no charge. We can only require repair 
or replacement of defective components that are installed on the 
helicopter. In light of this, we have made no change to the AD in this 
regard.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, EASA, its technical representative, 
has notified us of the unsafe condition described in the EASA AD. We 
are issuing this AD because we evaluated all information provided by 
EASA and determined the unsafe condition exists and is likely to exist 
or develop on other helicopters of these same type designs.

Related Service Information

    We reviewed Leonardo Helicopters Alert BT No. 109-150, Revision B, 
dated October 21, 2016. This service information specifies inspecting 
the top and bottom surfaces of each blade for a crack in the area 
between station 1550 (the station at the end of the doublers) and 
station 3100 (the station at the beginning of the abrasion strip) for a 
crack every 5 flight hours and replacing a cracked blade.

AD Requirements

    This AD requires, before further flight, unless done within the 
last 5 hours TIS, and thereafter at intervals not to exceed 5 hours 
TIS, visually inspecting the top and bottom surface of each blade for a 
crack in the area between stations 1550 and 3100 using a 3X or higher 
power magnifying glass. If there is a crack, this AD requires replacing 
the blade.

Differences Between This AD and the EASA AD

    The EASA AD requires a type II dye penetrant inspection if in doubt 
about whether there is a crack, while this AD does not. The EASA AD 
also includes warning the pilot regarding cracked blades resulting in 
possible vibration, while this AD does not.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we might consider further rulemaking then.

Costs of Compliance

    We estimate that this AD affects 33 helicopters of U.S. Registry. 
We estimate that operators may incur the following costs in order to 
comply with this AD. Labor costs are estimated at $85 per work-hour. We 
estimate 8 work-hours to inspect a set of four blades at a cost of $680 
per helicopter and $22,440 for the fleet per inspection cycle. We 
estimate 4 work-hours to replace a blade and the required parts will 
cost $124,000, for a replacement cost of $124,340 per blade.
    According to Leonardo Helicopter's service information, some of the 
costs of this AD may be covered under warranty, thereby reducing the 
cost impact on affected individuals. We do not control warranty 
coverage by Leonardo Helicopter. Accordingly, we have included all 
costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments prior to adopting 
these AD requirements would delay implementing the safety actions 
needed to correct this known unsafe condition. Therefore, we find that 
the risk to the flying public justifies waiving notice and comment 
prior to the adoption of this rule because the required corrective 
actions must be completed before further flight or within 5 hours TIS 
after the effective date of this AD.
    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we determined that notice and opportunity for 
public comment before issuing this AD are impracticable and that good 
cause exists for making this amendment effective in less than 30 days.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;

[[Page 42443]]

    2. Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2015-22-51, Amendment 39-18386 (81 FR 5037, February 1, 2016), and 
adding the following new AD:

2017-18-13 Agusta S.p.A.: Amendment 39-19022; Docket No. FAA-2017-
0308; Product Identifier 2016-SW-083-AD.

(a) Applicability

    This AD applies to Model A109A and A109A II helicopters with a 
main rotor blade (blade) part number (P/N) 109-0103-01-7, P/N 109-
0103-01-9, or P/N 109-0103-01-115 that has 500 or more hours time-
in-service (TIS) installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a blade. This 
condition could result in failure of a blade and subsequent loss of 
control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2015-22-51, Amendment 39-18386 (81 FR 
5037, February 1, 2016).

(d) Effective Date

    This AD becomes effective September 25, 2017.

(e) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(f) Required Actions

    Before further flight, unless already done within the last 5 
hours TIS, and thereafter at intervals not to exceed 5 hours TIS:
    (1) Using a 3X or higher power magnifying glass, visually 
inspect the top and bottom surface of each blade for a crack in the 
area between the station at the end of the doublers (station 1550) 
and the station at the beginning of the abrasion strip (station 
3100).
    (2) If there is a crack, replace the blade before further 
flight. Replacing the blade with blade P/N 109-0103-01-7, P/N 109-
0103-01-9, or P/N 109-0103-01-115 does not constitute terminating 
action for the repetitive inspections required by this AD.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Section, FAA, may approve 
AMOCs for this AD. Send your proposal to: Matt Fuller, Senior 
Aviation Safety Engineer, Safety Management Section, Rotorcraft 
Standards Branch, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; 
telephone (817) 222-5110; email [email protected].
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office, before operating any aircraft 
complying with this AD through an AMOC.

(i) Additional Information

    (1) Leonardo Helicopters Alert Bollettino Tecnico No. 109-150, 
Revision B, dated October 21, 2016, which is not incorporated by 
reference, contains additional information about the subject of this 
AD. For service information identified in this AD, contact Leonardo 
S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale 
G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-
0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review a copy of the 
service information at the FAA, Office of the Regional Counsel, 
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 
76177.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency (EASA) AD No. 2016-0213, dated October 26, 2016. You 
may view the EASA AD on the Internet at http://www.regulations.gov 
by searching for and locating it in Docket No. FAA-2017-0308.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6210, Main Rotor 
Blade.

    Issued in Fort Worth, Texas, on August 30, 2017.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2017-18972 Filed 9-7-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                               42441

                                              Rules and Regulations                                                                                         Federal Register
                                                                                                                                                            Vol. 82, No. 173

                                                                                                                                                            Friday, September 8, 2017



                                              This section of the FEDERAL REGISTER                    p.m., Monday through Friday, except                   of written comments, or if comments are
                                              contains regulatory documents having general            Federal holidays.                                     filed electronically, commenters should
                                              applicability and legal effect, most of which                                                                 submit them only one time. We will file
                                              are keyed to and codified in the Code of                Examining the AD Docket
                                                                                                                                                            in the docket all comments that we
                                              Federal Regulations, which is published under              You may examine the AD docket on
                                              50 titles pursuant to 44 U.S.C. 1510.                                                                         receive, as well as a report summarizing
                                                                                                      the Internet at http://                               each substantive public contact with
                                              The Code of Federal Regulations is sold by              www.regulations.gov by searching for                  FAA personnel concerning this
                                              the Superintendent of Documents.                        and locating Docket No. FAA–2017–                     rulemaking during the comment period.
                                                                                                      0308; or in person at the Docket                      We will consider all the comments we
                                                                                                      Operations Office between 9 a.m. and 5                receive and may conduct additional
                                              DEPARTMENT OF TRANSPORTATION                            p.m., Monday through Friday, except                   rulemaking based on those comments.
                                                                                                      Federal holidays. The AD docket
                                              Federal Aviation Administration                         contains this AD, the European Aviation               Discussion
                                                                                                      Safety Agency (EASA) AD, the
                                              14 CFR Part 39                                          economic evaluation, any comments                        We issued Emergency AD 2015–22–
                                              [Docket No. FAA–2017–0308; Product                      received, and other information. The                  51, which was published in the Federal
                                              Identifier 2016–SW–083–AD; Amendment                    street address for the Docket Operations              Register as a Final rule; request for
                                              39–19022; AD 2017–18–13]                                Office (telephone 800–647–5527) is in                 comments on February 1, 2016, at 81 FR
                                                                                                      the ADDRESSES section. Comments will                  5037. AD 2015–22–51 applied to Agusta
                                              RIN 2120–AA64
                                                                                                      be available in the AD docket shortly                 Model A109A and A109AII helicopters
                                              Airworthiness Directives; Agusta                        after receipt.                                        with a blade part number (P/N) 109–
                                              S.p.A. Helicopters                                         For service information identified in              0103–01–7, P/N 109–0103–01–9, or P/N
                                                                                                      this final rule, contact Leonardo S.p.A.              109–0103–01–115 that had 500 or more
                                              AGENCY:  Federal Aviation                               Helicopters, Matteo Ragazzi, Head of                  hours time-in-service (TIS). AD 2015–
                                              Administration (FAA), Department of                     Airworthiness, Viale G.Agusta 520,                    22–51 required, before further flight and
                                              Transportation (DOT).                                   21017 C.Costa di Samarate (Va) Italy;                 every 24 clock-hours, inspecting the top
                                              ACTION: Final rule; request for                         telephone +39–0331–711756; fax +39–                   and bottom surface of each blade for a
                                              comments.                                               0331–229046; or at http://www.leonardo                crack. AD 2015–22–51 also required,
                                              SUMMARY:   We are superseding                           company.com/-/bulletins. You may                      before each flight, checking the top and
                                              Airworthiness Directive (AD) 2015–22–                   review the referenced service                         bottom surface of each blade for a crack.
                                              51 for Agusta S.p.A. (Agusta) Model                     information at the FAA, Office of the                 AD 2015–22–51 allowed this check to
                                              A109A and A109A II helicopters. AD                      Regional Counsel, Southwest Region,                   be performed by a pilot and required
                                              2015–22–51 required pre-flight checking                 10101 Hillwood Pkwy, Room 6N–321,                     further inspection of the blade if there
                                              and inspecting each main rotor blade                    Fort Worth, TX 76177.                                 was a crack.
                                              (blade) for a crack and replacing any                   FOR FURTHER INFORMATION CONTACT: Matt
                                                                                                                                                               AD 2015–22–51 was prompted by AD
                                              cracked blade. This new AD removes                      Fuller, Senior Aviation Safety Engineer,
                                                                                                                                                            No. 2015–0190–E, dated September 18,
                                              the check and requires inspecting each                  Safety Management Section, Rotorcraft
                                                                                                                                                            2015, issued by EASA, which is the
                                              blade more frequently. This AD is                       Standards Branch, FAA, 10101
                                                                                                                                                            Technical Agent for the Member States
                                              prompted by a crack that was not                        Hillwood Pkwy, Fort Worth, TX 76177;
                                                                                                      telephone (817) 222–5110; email                       of the European Union, to correct an
                                              detected during any of the pre-flight                                                                         unsafe condition for Agusta Model
                                              checks. The actions of this AD are                      matthew.fuller@faa.gov.
                                                                                                                                                            A109A and A109A II helicopters. EASA
                                              intended to address the unsafe                          SUPPLEMENTARY INFORMATION:
                                                                                                                                                            advised that abnormal vibrations were
                                              condition on these products.
                                                                                                      Comments Invited                                      reported during a flight on a Model
                                              DATES: This AD becomes effective                                                                              A109A II helicopter. During a post-flight
                                              September 25, 2017.                                       This AD is a final rule that involves
                                                                                                      requirements affecting flight safety, and             inspection, a crack was found on a
                                                We must receive comments on this
                                                                                                      we did not provide you with notice and                P/N 109–0103–01–9 blade. EASA AD
                                              AD by November 7, 2017.
                                                                                                      an opportunity to provide your                        No. 2015–0190–E required pre-flight
                                              ADDRESSES: You may send comments by
                                                                                                      comments prior to it becoming effective.              inspections and repetitive inspections of
                                              any of the following methods:                                                                                 each blade. EASA advised that due to
                                                • Federal eRulemaking Docket: Go to                   However, we invite you to participate in
                                                                                                      this rulemaking by submitting written                 similarity of design, the inspections also
                                              http://www.regulations.gov. Follow the
                                                                                                      comments, data, or views. We also                     applied to P/N 109–0103–01–7 and P/N
                                              online instructions for sending your
                                              comments electronically.                                invite comments relating to the                       109–0103–01–115 blades. EASA further
                                                • Fax: 202–493–2251.                                  economic, environmental, energy, or                   advised that a cracked blade, if not
                                                • Mail: Send comments to the U.S.                     federalism impacts that resulted from                 detected and corrected, could affect the
sradovich on DSK3GMQ082PROD with RULES




                                              Department of Transportation, Docket                    adopting this AD. The most helpful                    structural integrity of the blade, possibly
                                              Operations, M–30, West Building                         comments reference a specific portion of              resulting in blade failure and loss of
                                              Ground Floor, Room W12–140, 1200                        the AD, explain the reason for any                    control of the helicopter. EASA revised
                                              New Jersey Avenue SE., Washington,                      recommended change, and include                       its AD and issued AD No. 2015–0190R1,
                                              DC 20590–0001.                                          supporting data. To ensure the docket                 dated October 23, 2015, to extend the
                                                • Hand Delivery: Deliver to the                       does not contain duplicate comments,                  interval of the repetitive inspections to
                                              ‘‘Mail’’ address between 9 a.m. and 5                   commenters should send only one copy                  10 flight hours.


                                         VerDate Sep<11>2014   16:18 Sep 07, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\08SER1.SGM   08SER1


                                              42442            Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations

                                              Actions Since AD 2015–22–51 Was                         FAA’s Determination                                   this AD may be covered under warranty,
                                              Issued                                                    These helicopters have been approved                thereby reducing the cost impact on
                                                                                                      by the aviation authority of Italy and are            affected individuals. We do not control
                                                 Since we issued AD 2015–22–51,                                                                             warranty coverage by Leonardo
                                              Leonardo Helicopters (previously                        approved for operation in the United
                                                                                                      States. Pursuant to our bilateral                     Helicopter. Accordingly, we have
                                              Agusta) issued Alert Bollettino Tecnico                                                                       included all costs in our cost estimate.
                                              (BT) No. 109–150, Revision B, dated                     agreement with Italy, EASA, its
                                              October 21, 2016, and EASA superseded                   technical representative, has notified us             FAA’s Justification and Determination
                                              AD 2015–0190R1 by issuing AD No.                        of the unsafe condition described in the              of the Effective Date
                                              2016–0213, dated October 26, 2016.                      EASA AD. We are issuing this AD
                                                                                                                                                               Providing an opportunity for public
                                              EASA AD No. 2016–0213 was prompted                      because we evaluated all information
                                                                                                                                                            comments prior to adopting these AD
                                              by a crack in a blade P/N 109–0103–01–                  provided by EASA and determined the
                                                                                                                                                            requirements would delay
                                              9 on a Model A109A II helicopter that                   unsafe condition exists and is likely to
                                                                                                                                                            implementing the safety actions needed
                                              was not detected during any of the pre-                 exist or develop on other helicopters of
                                                                                                                                                            to correct this known unsafe condition.
                                              flight inspections. Upon a subsequent                   these same type designs.
                                                                                                                                                            Therefore, we find that the risk to the
                                              review of data, it was determined that                  Related Service Information                           flying public justifies waiving notice
                                              the pre-flight inspections were                            We reviewed Leonardo Helicopters                   and comment prior to the adoption of
                                              ineffective to address the unsafe                       Alert BT No. 109–150, Revision B, dated               this rule because the required corrective
                                              condition and that a shorter interval of                October 21, 2016. This service                        actions must be completed before
                                              the repetitive inspection is necessary.                 information specifies inspecting the top              further flight or within 5 hours TIS after
                                              For these reasons, EASA AD 2016–0213                    and bottom surfaces of each blade for a               the effective date of this AD.
                                              requires inspecting the blades for a                    crack in the area between station 1550                   Since an unsafe condition exists that
                                              crack at intervals not exceeding five                   (the station at the end of the doublers)              requires the immediate adoption of this
                                              flight hours.                                           and station 3100 (the station at the                  AD, we determined that notice and
                                                 Additionally, the FAA is in the                      beginning of the abrasion strip) for a                opportunity for public comment before
                                              process of updating Agusta’s name                       crack every 5 flight hours and replacing              issuing this AD are impracticable and
                                              change to Leonardo Helicopters on its                   a cracked blade.                                      that good cause exists for making this
                                              FAA type certificate. Because this name                                                                       amendment effective in less than 30
                                              change is not yet effective, this AD                    AD Requirements                                       days.
                                              specifies Agusta.                                         This AD requires, before further flight,            Authority for This Rulemaking
                                                                                                      unless done within the last 5 hours TIS,
                                              Comments on AD 2015–22–51                               and thereafter at intervals not to exceed                Title 49 of the United States Code
                                                                                                      5 hours TIS, visually inspecting the top              specifies the FAA’s authority to issue
                                                After our Final rule; request for                                                                           rules on aviation safety. Subtitle I,
                                              comments was published, we received                     and bottom surface of each blade for a
                                                                                                      crack in the area between stations 1550               section 106, describes the authority of
                                              comments from one commenter.                                                                                  the FAA Administrator. ‘‘Subtitle VII:
                                                                                                      and 3100 using a 3X or higher power
                                              Request                                                 magnifying glass. If there is a crack, this           Aviation Programs,’’ describes in more
                                                                                                      AD requires replacing the blade.                      detail the scope of the Agency’s
                                                 The commenter stated the AD’s cost                                                                         authority.
                                              estimate for a new blade is erroneous,                  Differences Between This AD and the                      We are issuing this rulemaking under
                                              and while the AD identifies the cost of                 EASA AD                                               the authority described in ‘‘Subtitle VII,
                                              a single inspection, it does not account                  The EASA AD requires a type II dye                  Part A, Subpart III, Section 44701:
                                              for the cumulative cost of the daily                    penetrant inspection if in doubt about                General requirements.’’ Under that
                                              inspection over time.                                   whether there is a crack, while this AD               section, Congress charges the FAA with
                                                 We agree. We have revised the cost of                does not. The EASA AD also includes                   promoting safe flight of civil aircraft in
                                              the blade in this final rule. As far as a               warning the pilot regarding cracked                   air commerce by prescribing regulations
                                              cumulative cost of the repetitive                       blades resulting in possible vibration,               for practices, methods, and procedures
                                              inspections, this new AD changes the                    while this AD does not.                               the Administrator finds necessary for
                                              compliance interval to every 5 hours                                                                          safety in air commerce. This regulation
                                                                                                      Interim Action                                        is within the scope of that authority
                                              TIS. Since the cumulative cost would be
                                              different for every operator, we have                      We consider this AD interim action. If             because it addresses an unsafe condition
                                              made no change to the estimated costs                   final action is later identified, we might            that is likely to exist or develop on
                                              in this regard.                                         consider further rulemaking then.                     products identified in this rulemaking
                                                 The commenter also requested the                                                                           action.
                                                                                                      Costs of Compliance
                                              FAA require Agusta to design and                           We estimate that this AD affects 33                Regulatory Findings
                                              provide a new blade to operators at no                  helicopters of U.S. Registry. We estimate               We determined that this AD will not
                                              charge. The commenter stated the actual                 that operators may incur the following                have federalism implications under
                                              cost of the AD is financially devastating               costs in order to comply with this AD.                Executive Order 13132. This AD will
                                              to operators and renders the helicopter                 Labor costs are estimated at $85 per                  not have a substantial direct effect on
                                              worthless.                                              work-hour. We estimate 8 work-hours to                the States, on the relationship between
                                                 We do not have the authority to direct               inspect a set of four blades at a cost of             the national Government and the States,
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                                              manufacturers to provide parts or                       $680 per helicopter and $22,440 for the               or on the distribution of power and
                                              repairs to operators at no charge. We can               fleet per inspection cycle. We estimate               responsibilities among the various
                                              only require repair or replacement of                   4 work-hours to replace a blade and the               levels of government.
                                              defective components that are installed                 required parts will cost $124,000, for a                For the reasons discussed, I certify
                                              on the helicopter. In light of this, we                 replacement cost of $124,340 per blade.               that this AD:
                                              have made no change to the AD in this                      According to Leonardo Helicopter’s                   1. Is not a ‘‘significant regulatory
                                              regard.                                                 service information, some of the costs of             action’’ under Executive Order 12866;


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                                                               Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Rules and Regulations                                        42443

                                                2. Is not a ‘‘significant rule’’ under                (f) Required Actions                                  DEPARTMENT OF TRANSPORTATION
                                              DOT Regulatory Policies and Procedures                     Before further flight, unless already done
                                              (44 FR 11034, February 26, 1979);                       within the last 5 hours TIS, and thereafter at        Federal Aviation Administration
                                                3. Will not affect intrastate aviation in             intervals not to exceed 5 hours TIS:
                                              Alaska to the extent that it justifies                     (1) Using a 3X or higher power magnifying          14 CFR Part 39
                                              making a regulatory distinction; and                    glass, visually inspect the top and bottom
                                                                                                      surface of each blade for a crack in the area         [Docket No. FAA–2011–0961; Product
                                                4. Will not have a significant                                                                              Identifier 2011–NE–22–AD; Amendment 39–
                                                                                                      between the station at the end of the doublers
                                              economic impact, positive or negative,                  (station 1550) and the station at the                 19023; AD 2017–18–14]
                                              on a substantial number of small entities               beginning of the abrasion strip (station 3100).
                                              under the criteria of the Regulatory                                                                          RIN 2120–AA64
                                                                                                         (2) If there is a crack, replace the blade
                                              Flexibility Act.                                        before further flight. Replacing the blade with       Airworthiness Directives; Rolls-Royce
                                                We prepared an economic evaluation                    blade P/N 109–0103–01–7, P/N 109–0103–
                                                                                                                                                            Corporation Turboshaft Engines
                                              of the estimated costs to comply with                   01–9, or P/N 109–0103–01–115 does not
                                              this AD and placed it in the AD docket.                 constitute terminating action for the                 AGENCY:  Federal Aviation
                                                                                                      repetitive inspections required by this AD.
                                                                                                                                                            Administration (FAA), DOT.
                                              List of Subjects in 14 CFR Part 39
                                                                                                      (g) Special Flight Permits                            ACTION: Final rule.
                                                Air transportation, Aircraft, Aviation                   Special flight permits are prohibited.
                                              safety, Incorporation by reference,                                                                           SUMMARY:   We are superseding
                                              Safety.                                                 (h) Alternative Methods of Compliance                 Airworthiness Directive (AD) 2015–02–
                                                                                                      (AMOCs)
                                                                                                                                                            22 for certain Rolls-Royce Corporation
                                              Adoption of the Amendment                                 (1) The Manager, Safety Management                  (RRC) model 250 turboprop and
                                                Accordingly, under the authority                      Section, FAA, may approve AMOCs for this              turboshaft engines. AD 2015–02–22
                                              delegated to me by the Administrator,                   AD. Send your proposal to: Matt Fuller,
                                                                                                                                                            required repetitive visual inspections
                                                                                                      Senior Aviation Safety Engineer, Safety
                                              the FAA amends 14 CFR part 39 as                        Management Section, Rotorcraft Standards              and fluorescent-penetrant inspection
                                              follows:                                                Branch, FAA, 10101 Hillwood Pkwy, Fort                (FPIs) on certain 3rd-stage and 4th-stage
                                                                                                      Worth, TX 76177; telephone (817) 222–5110;            turbine wheels for cracks in the turbine
                                              PART 39—AIRWORTHINESS                                   email 9-ASW-FTW-AMOC-Requests@faa.gov.                wheel blades. This AD requires
                                              DIRECTIVES                                                (2) For operations conducted under a 14             repetitive visual inspections and FPIs of
                                                                                                      CFR part 119 operating certificate or under           3rd-stage turbine wheels while
                                              ■ 1. The authority citation for part 39                 14 CFR part 91, subpart K, we suggest that            removing from service 4th-stage turbine
                                              continues to read as follows:                           you notify your principal inspector, or
                                                                                                                                                            wheels. We are also revising the
                                                  Authority: 49 U.S.C. 106(g), 40113, 44701.          lacking a principal inspector, the manager of
                                                                                                      the local flight standards district office or         applicability to remove all RRC
                                              § 39.13   [Amended]                                     certificate holding district office, before           turboprop engines and add additional
                                                                                                      operating any aircraft complying with this            turboshaft engines. This AD was
                                              ■ 2. The FAA amends § 39.13 by                          AD through an AMOC.                                   prompted by our finding that it is
                                              removing Airworthiness Directive (AD)                                                                         necessary to remove the 4th-stage
                                              2015–22–51, Amendment 39–18386 (81                      (i) Additional Information
                                                                                                                                                            wheels at the next inspection. We are
                                              FR 5037, February 1, 2016), and adding                     (1) Leonardo Helicopters Alert Bollettino
                                                                                                                                                            issuing this AD to address the unsafe
                                              the following new AD:                                   Tecnico No. 109–150, Revision B, dated
                                                                                                      October 21, 2016, which is not incorporated           condition on these products.
                                              2017–18–13 Agusta S.p.A.: Amendment 39–                 by reference, contains additional information         DATES: This AD is effective October 13,
                                                  19022; Docket No. FAA–2017–0308;                    about the subject of this AD. For service             2017.
                                                  Product Identifier 2016–SW–083–AD.                  information identified in this AD, contact            ADDRESSES: See the FOR FURTHER
                                              (a) Applicability                                       Leonardo S.p.A. Helicopters, Matteo Ragazzi,          INFORMATION CONTACT section.
                                                                                                      Head of Airworthiness, Viale G.Agusta 520,
                                                This AD applies to Model A109A and                    21017 C.Costa di Samarate (Va) Italy;                 Examining the AD Docket
                                              A109A II helicopters with a main rotor blade            telephone +39–0331–711756; fax +39–0331–
                                              (blade) part number (P/N) 109–0103–01–7,                229046; or at http://www.leonardo                       You may examine the AD docket on
                                              P/N 109–0103–01–9, or P/N 109–0103–01–                  company.com/-/bulletins. You may review a             the Internet at http://
                                              115 that has 500 or more hours time-in-                 copy of the service information at the FAA,           www.regulations.gov by searching for
                                              service (TIS) installed, certificated in any            Office of the Regional Counsel, Southwest             and locating Docket No. FAA–2011–
                                              category.                                               Region, 10101 Hillwood Pkwy, Room 6N–                 0961; or in person at the Docket
                                              (b) Unsafe Condition                                    321, Fort Worth, TX 76177.                            Management Facility between 9 a.m.
                                                                                                         (2) The subject of this AD is addressed in         and 5 p.m., Monday through Friday,
                                                This AD defines the unsafe condition as a             European Aviation Safety Agency (EASA) AD
                                              crack in a blade. This condition could result                                                                 except Federal holidays. The AD docket
                                                                                                      No. 2016–0213, dated October 26, 2016. You
                                              in failure of a blade and subsequent loss of                                                                  contains this final rule, the regulatory
                                                                                                      may view the EASA AD on the Internet at
                                              control of the helicopter.                              http://www.regulations.gov by searching for           evaluation, any comments received, and
                                              (c) Affected ADs                                        and locating it in Docket No. FAA–2017–               other information. The address for the
                                                                                                      0308.                                                 Docket Office (phone: 800–647–5527) is
                                                 This AD supersedes AD 2015–22–51,
                                                                                                                                                            Document Management Facility, U.S.
                                              Amendment 39–18386 (81 FR 5037, February                (j) Subject
                                              1, 2016).                                                                                                     Department of Transportation, Docket
                                                                                                         Joint Aircraft Service Component (JASC)            Operations, M–30, West Building
                                              (d) Effective Date                                      Code: 6210, Main Rotor Blade.                         Ground Floor, Room W12–140, 1200
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                                                This AD becomes effective September 25,                 Issued in Fort Worth, Texas, on August 30,          New Jersey Avenue SE., Washington,
                                              2017.                                                   2017.                                                 DC 20590.
                                              (e) Compliance                                          Lance T. Gant,                                        FOR FURTHER INFORMATION CONTACT: John
                                                                                                      Director, Compliance & Airworthiness                  Tallarovic, Aerospace Engineer, FAA,
                                                 You are responsible for performing each
                                                                                                      Division, Aircraft Certification Service.             Chicago ACO Branch, Compliance and
                                              action required by this AD within the
                                              specified compliance time unless it has                 [FR Doc. 2017–18972 Filed 9–7–17; 8:45 am]            Airworthiness Division, 2300 E. Devon
                                              already been accomplished prior to that time.           BILLING CODE 4910–13–P                                Ave., Des Plaines, IL 60018; phone:


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Document Created: 2018-10-24 14:10:24
Document Modified: 2018-10-24 14:10:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD becomes effective September 25, 2017.
ContactMatt Fuller, Senior Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]
FR Citation82 FR 42441 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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